The Supreme Court today cracked the whip on Amrapali Group of companies for playing “fraud” and “dirty games” with the court and ordered attachment of all bank accounts and movable properties of 40 firms of the real estate major. The apex court also directed Amrapali Group of companies, which are yet to hand over possession of flats to around 42,000 hassled home buyers, to place before it details of all its bank accounts from 2008 till today and ordered freezing of bank accounts of all the directors of its 40 firms besides attaching their personal properties. While taking note of alleged diversion of Rs 2,765 crore funds collected from the investors by the group, a bench of justices Arun Mishra and U U Lalit said it prima facie amounted to criminal breach of trust and it would deal with the issue after hearing the parties.

The court said that the group companies shall not be entitled to deal with either the bank accounts or the movable properties in any manner whatsoever without its permission. The bench also took umbrage as to how the National Buildings Construction Corporation (India) Ltd has issued advertisement inviting co-developers for doing the work related to Amrapali group without taking approval of the apex court.

The apex court summoned the chairman of NBCC (India) Ltd and the secretary of Ministry of Housing and Urban Affairs for tomorrow to explain their stand on the issue observing that the “unfair” move by the corporation was apparently to “scuttle” the court’s order. It directed Amrapali Group to place before it the names of chartered accountants (CAs), both external and internal, who were handling the accounts of these 40 firms.

At the outset, the bench expressed its displeasure as to how the NBCC could proceed with the matter and issue such advertisement without its approval when the apex court was seized of the matter. “This is not the way. It is sheer contempt of court. It is not fair. Totally unfair things are going on,” the bench said, adding, “Are they law to themselves? When we are seized of the matter then propriety demands that they should first come before us.” “They feel that they can run a parallel sort of legal proceedings? It is not only contempt but it is a serious kind of fraud on the investors and the court,” the bench said while asking how could NBCC “intermingle” with the court’s order.

The apex court said that it wanted to know who has issued the advertisement and under what circumstances the process was initiated. The bench also pulled up Amrapali Group for “flouting” its orders and said that its directions have not been complied with and the firm was not only “defrauding” the court but also playing “dirty games” with it. It also said that despite its order, the group has not placed before it the bank account details from April 2008. “We are literally shocked as to what has happened,” it said.

Senior advocate P S Patwalia, appearing for the group, handed over some documents to the court but the bench, after perusing them, said it was only like a balance sheet and details of bank accounts from 2008 was not there. “They (Amrapali group) want to play hide and seek with the court,” the bench said, adding, “Does your client (Amrapali) feel that they are above everybody?”. “They are defrauding the poor people,” it said. “Till tomorrow, we want all bank accounts details of Amrapali group. If there is non-disclosure, we will haul everyone for contempt,” it said.

The bench wondered as to how Rs 2,765 crore received from the investors was diverted for completion of other projects of the group and questioned as to how the CAs had certified it. It said the group has also not deposited Rs 250 crore as directed earlier and observed that “serious contempt has already been committed”.

The bench said that the real estate firm has “misguided” the court in the matter and it was “too much”. Patwalia, while saying that he would not appear for the group in the matter from now onwards, said that three projects of the group at Bareilly and Greater Noida in Uttar Pradesh and Muzaffarpur in Bihar was complete and if sold, it would fetch around Rs 300 crore.

The bench told Anil Kumar Sharma, Chairman and Managing Director of the group, who was present in the court, to furnish details of the 40 firms as well as their directors and account details. The court was earlier told that a high-level committee has been constituted by the Uttar Pradesh government to redress the issues of home-buyers and affected parties of incomplete or stalled housing projects at Noida, Greater Noida and Yamuna Expressway, under the chairmanship of secretary of Ministry of Housing and Urban Affairs.

The group had said that it was in talks with the Centre for construction of its pending, unsold and future projects by NBCC and had already submitted a proposal in this regard. The company had earlier told the court in an affidavit that it was not in a position to complete the projects and hand over possession of flats to over 42,000 home buyers in a time-bound manner.

By Team Legistify / 09 Dec 2017
The new real estate law has passed its first existential challenge. This week, the Bombay High Court upheld the constitutional validity of the Real Estate (Regulation and Development) Act or RERA. But in doing so, it also granted some relief to developers in the event of project delays.» Read More

By Shivi Gupta / 15 Dec 2018
The Jammu and Kashmir government for the first time will set up a Real Estate Regulatory Authority (RERA) in the state to promote regulated and planned growth of the real estate sector» Read More

By Shivi Gupta / 08 Jan 2019
Cases related to defaulting builders should be first taken up by regulators under the new real estate law RERA before being referred to the NCLT for insolvency proceedings, realtors' body NAREDCO has suggested.» Read More

Most Consulted Property Real Estate Law Advocates

Choose from our most consulted lawyers across India and get instant legal advice.

Advocate Rakesh V Misar is a Mumbai based lawyer and has been practising law since 2007. He has been providing legal and advisory services as an independent lawyer. Advocate Rakesh V Misar got enrolled with the Bar Council in the year 2007.
He has acquired his legal education at University of Mumbai and holds extensive experience in working in the most complex areas of Arbitration, Consumer Protection, Divorce & Alimony, High Court, Legal Agreement Drafting, Property/Real Estate, Wills/Trusts. He holds experience in efficiently handling varied cases and often makes appearances across Bombay High Court, City Civil Court Mumbai, Court of Small Causes Mumbai, Family Courts Mumbai, Trial Courts Mumbai.
He avidly believes in achieving the objectives of his client with compassion and accurate advocacy. Advocate Rakesh V Misar is known for providing timely and responsive legal services for his clients by providing them with the most expeditious legal course of action.

Advocate Sarthak Katyal is a young and upcoming lawyer having gained sound legal knowledge in a short time span.
Advocate Sarthak provides legal services in Divorce and all kinds of matrimonial disputes. Sarthak also tackles Arbitration and IPR law cases. Advocate Katyal has a proven knack and a very successful graph of Property and all kinds of succession and inheritance matters.
Apart from all these litigation matters and cases, he is also well verse in Research and Drafting work. He also provides legal help in Documentation, drafting and vetting of agreements and legal documents. Advocate Sarthak is also a part of very reputed Law Firm 'Ardent Legal'. He plays a role of Principal Associate and tackles almost all the client issues.
Advocate Sarthak Katyal got himslef enrolled with Bar Council in 2016.

Advocate Krishna B R practices at Karnataka High Court. He enrolled with the Bar Council of Karnataka in 1992. He is a member of the Advocates Association of Bangalore.
His practice areas are civil laws, family law, consumer cases, landlord-tenant matters, arbitration matters, matrimonial related matters and drafting and vetting of various agreements and documents.
He has experience of 28+ years in the legal profession and providing services. He provides services in fair and transparent manner with result oriented approach. He is very supportive and friendly to his clients both professionally and ethically. He is consistent and precise in identifying strength and weakness of the matter.

Piyush Chabbra is a renowned and result oriented lawyer and has built a great reputation over these years of his practice.
Piyush deals with Criminal Defense matters, Divorce & Alimony issues as well as Medical Negligence matters. He also provides his expert guidance on Family Law matters as well as Motor Accidents.
He practices at the Hon'ble Delhi High Court, District Court Dwarka, Rohini as well as Tiz Hazari, Motor Accidents Tribunal and also Family Law courts.
Advocate Piyush Chabbra got himself enrolled with the Bar in the year 2010.

Advocate V Rajeev Kumar is a Kerala based lawyer and has been practising law since 2012. He has been providing legal and advisory services as an independent lawyer. Advocate V Rajeev Kumar got enrolled with the Bar Council in the year 2012.
He has acquired his legal education from University of Kerala and holds extensive experience in working in the most complex areas of Consumer Protection, Criminal Defence and Property Real Estate Law. He holds experience in efficiently handling varied cases and often makes appearances across Trivandrum Magistrate Court and Kerala High Court.
He avidly believes in achieving the objectives of his client with compassion and accurate advocacy. Advocate V Rajeev Kumar is known for providing timely and responsive legal services for his clients by providing them with the most expeditious legal course of action.

Advocate Rajiv Chandra Jha has been practicing judiciously and serving the legal fraternity in District Court Darbhanga for more than 8 years.
He is professionally dealing with cases in the field of law pertaining to Civil Litigation Criminal Defense Property/Real Estate.
Advocate Rajiv Chandra Jha focuses on comprehending the needs of the client and litigant by providing efficient quality work and legal information. He believes that a proper legal advice to a client and litigant can be given after considering the entire matter. She is consistent and precise in identifying strength and weakness of the matter. Her analytical, logical and client-friendly approach makes her a well-founded advocate for assistance.

Top Consulted Property Real Estate Law Advocates

Advocate Rakesh V Misar is a Mumbai based lawyer and has been practising law since 2007. He has been providing legal and advisory services as an independent lawyer. Advocate Rakesh V Misar got enrolled with the Bar Council in the year 2007.
He has acquired his legal education at University of Mumbai and holds extensive experience in working in the most complex areas of Arbitration, Consumer Protection, Divorce & Alimony, High Court, Legal Agreement Drafting, Property/Real Estate, Wills/Trusts. He holds experience in efficiently handling varied cases and often makes appearances across Bombay High Court, City Civil Court Mumbai, Court of Small Causes Mumbai, Family Courts Mumbai, Trial Courts Mumbai.
He avidly believes in achieving the objectives of his client with compassion and accurate advocacy. Advocate Rakesh V Misar is known for providing timely and responsive legal services for his clients by providing them with the most expeditious legal course of action.

Advocate Sarthak Katyal is a young and upcoming lawyer having gained sound legal knowledge in a short time span.
Advocate Sarthak provides legal services in Divorce and all kinds of matrimonial disputes. Sarthak also tackles Arbitration and IPR law cases. Advocate Katyal has a proven knack and a very successful graph of Property and all kinds of succession and inheritance matters.
Apart from all these litigation matters and cases, he is also well verse in Research and Drafting work. He also provides legal help in Documentation, drafting and vetting of agreements and legal documents. Advocate Sarthak is also a part of very reputed Law Firm 'Ardent Legal'. He plays a role of Principal Associate and tackles almost all the client issues.
Advocate Sarthak Katyal got himslef enrolled with Bar Council in 2016.

Advocate Krishna B R practices at Karnataka High Court. He enrolled with the Bar Council of Karnataka in 1992. He is a member of the Advocates Association of Bangalore.
His practice areas are civil laws, family law, consumer cases, landlord-tenant matters, arbitration matters, matrimonial related matters and drafting and vetting of various agreements and documents.
He has experience of 28+ years in the legal profession and providing services. He provides services in fair and transparent manner with result oriented approach. He is very supportive and friendly to his clients both professionally and ethically. He is consistent and precise in identifying strength and weakness of the matter.

Piyush Chabbra is a renowned and result oriented lawyer and has built a great reputation over these years of his practice.
Piyush deals with Criminal Defense matters, Divorce & Alimony issues as well as Medical Negligence matters. He also provides his expert guidance on Family Law matters as well as Motor Accidents.
He practices at the Hon'ble Delhi High Court, District Court Dwarka, Rohini as well as Tiz Hazari, Motor Accidents Tribunal and also Family Law courts.
Advocate Piyush Chabbra got himself enrolled with the Bar in the year 2010.

Advocate V Rajeev Kumar is a Kerala based lawyer and has been practising law since 2012. He has been providing legal and advisory services as an independent lawyer. Advocate V Rajeev Kumar got enrolled with the Bar Council in the year 2012.
He has acquired his legal education from University of Kerala and holds extensive experience in working in the most complex areas of Consumer Protection, Criminal Defence and Property Real Estate Law. He holds experience in efficiently handling varied cases and often makes appearances across Trivandrum Magistrate Court and Kerala High Court.
He avidly believes in achieving the objectives of his client with compassion and accurate advocacy. Advocate V Rajeev Kumar is known for providing timely and responsive legal services for his clients by providing them with the most expeditious legal course of action.

Advocate Rajiv Chandra Jha has been practicing judiciously and serving the legal fraternity in District Court Darbhanga for more than 8 years.
He is professionally dealing with cases in the field of law pertaining to Civil Litigation Criminal Defense Property/Real Estate.
Advocate Rajiv Chandra Jha focuses on comprehending the needs of the client and litigant by providing efficient quality work and legal information. He believes that a proper legal advice to a client and litigant can be given after considering the entire matter. She is consistent and precise in identifying strength and weakness of the matter. Her analytical, logical and client-friendly approach makes her a well-founded advocate for assistance.

I shifted to a rented flat a month ago. But rent agreement is not made. Owner is unaware that i am staying here. We are total 5 people staying here and rent of 33000 is dividend among all 5. Deposit is 1 lakh/5=20k pp. But the problem is what they people does is they have already given deposit to owner. Now if a new girl comes she will pay the deposit to the girl who is moving out. And so the girl who is moving out need to find her replacement. I was not aware of this rule while taking this flat. I have to move out now. It's about 1 month I have been searching for my replacement but not getting. Hence my deposit is stuck. Is there any way I can take my deposit and go. These girls are not ready to pay me deposit as according to them the girl who will replace me will only give me deposit. I am stuck in this home. Is there any way I can get my deposit and go?

I have rented an apartment in Chennai. During the site visit, the condition of the apartment was very bad. I raised concerns over the condition of the flat and requested the owner to at least do a proper white wash, clean the house thoroughly, fix these issues and hand over the possession of the flat in livable condition. The same was promised to me by the flat owner.
The landlord didn't honour his promise to fix these issues but informed me that the things were fixed.
On the day of shifting in, I was shocked to see the state of the house and highlighted the issues via e-mail by taking photographs and asked for permission to hire someone for cleaning the home. There was no chance to cancel the shift in as I had agreed to the previous house owner to vacate the home.
Vendor visited home to clean the home. But, couldn't clean the tiles in the bathroom and fix the smell in the kitchen. Same was communicated to the land lord. I was requested by the owner to contact Apartment's maintenance team for it.
I worked with the maintenance team to get the issue resolved and shared their responses to the owner via mail. I requested for a representative from owner's end for support here. But, he rejected to fix major things seeking the cost involved as a reason. Also, there was no representative sent from owner's end to fix the things.
The apartment was not even in livable condition. The water didn't drain properly in bathrooms and utility area. The kitchen was smelling bad.
The owner didn't provide me with an agreement copy.
The issue is that I have transferred all the advance and rent through net banking. He acknowledged the receipt of advance and rent via mail.
Since there was no support from the flat owner, I wanted to vacate the flat. I vacated the flat a month ago. The owner has not refunded money given as advance.
The reason cited by the owner for non refund of the deposit is that I have not stayed in the flat for the minimum rental period. I haven't signed any agreement. The owner refuses to send across rent receipts as well.
I am in need of advance and rent receipts for income tax exemption. What are my options? Since, he has acknowledged via mail can I send him a legal notice?

I had 2 shops in a building that went under redevelopment. I had got PAA in sale building & it is registered with Maharashtra RERA. I had a registered agreement in BDR 15 Bandra builder's had developed a carpet area lesser than of my both shops. Can I file a complaint with RERA?

I booked Flat in November 2015 in Noida Extn. The possession assured by Nov 2016. An Agreement was executed in Dec15/ Jan16. Under the agreement, the delayed payment penal interest is 18% on the buyer. But, the builder pays @Rs 5/-psf pm for late delivery.
RERA came in force in Oct17 in UP. The project got RERA registered and CC was obtained in Feb18. Possession offered in Mar18. Builder calculates compensation @Rs5/-psq for 11 months delay and deducted TDS @10% as well. Is the pre-RERA Agreement valid on all counts? What is delayed delivery penal/compensation as per RERA?Can Builder deduct TDS? Can I seek RERA penal compensation? Please advise.

Copyright 2019 Legistify Services Private Limited. Legistify provides information and software only.
Legistify is not a "lawyer referral service" and does not provide legal advice or participate in any legal
representation. Legistify is not a law firm or a substitute for an attorney or law firm. Use of Legistify is
subject to our Terms of Service.